FOGLI DI LAVORO per il Diritto internazionale 3 ... - Giurisprudenza

FOGLI DI LAVORO per il Diritto internazionale 3/2008
religious or philosophical group in a defamatory or distorted
manner.
91. Having regard to the above, the Court accepts that the
interference with the applicant associations' right to manifest
their religion may be regarded as being “prescribed by law”.
c) Legitimate aim
92. The remaining applicant associations maintained that, in
the absence of any attempt on their part to infringe the rights of
others and in the absence of any such objective in their statutes,
the restriction on the exercise of their right to manifest their
religion or belief had not pursued any legitimate aim within the
meaning of Article 9 § 2 of the Convention.
93. The Court reiterates that States are entitled to verify
whether a movement or association carries on, ostensibly in
pursuit of religious aims, activities which are harmful to the
population or to public safety (see Metropolitan Church of
Bessarabia and Others v. Moldova, no. 45701/99, § 113, ECHR
2001-XII).
94. The Court observes that the purpose of the Government's
warnings was to provide information capable of contributing to
a debate in a democratic society on matters of major public
concern at the relevant time and to draw attention to the dangers
emanating from groups which were commonly referred to as
sects. Considering also the terms in which the decision of the
Federal Constitutional Court was phrased, the Court considers
that the interference with the applicant associations' right was in
pursuit of legitimate aims under Article 9 § 2, namely the
protection of public safety and public order and the protection of
the rights and freedoms of others.
d) "Necessary in a democratic society"
95. The remaining applicant associations submitted that the
statements in issue were not necessary in a democratic society.
96. Applying the principles established in its case-law (as
summarised in Leyla Şahin v. Turkey ([GC], n o 44774/98),
ECHR 2005-..., §§ 104-110), the Court has to weigh up the
conflicting interests of the exercise of the right of the applicant
associations to proper respect for their freedom of thought,
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